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2022 Supreme(Del) 205

SURESH KUMAR KAIT
Delhi Airport Metro Express Private Limited – Appellant
Versus
Delhi Metro Rail Corporation Limited – Respondent


Advocates Appeared:
Mr. Rakesh Khanna, Senior Advocate with Mr. Mahesh Agarwal, Mr. Rishi Agrawala, Ms. Megha Mehta, Ms. Niyati Kohli, Mr. Pranjit Bhattacharya & Ms. Manavi Agarwal, Advocates, for the Appellant; Mr. Parag P. Tripathi & Mr. Ajit Kumar Sinha, Senior Advocates with Mr. Tarun Johri, Mr. R. Srinivasan & Mr. Vishwajeet Tyagi, Advocates, Mr. Ramji Srinivasan, Senior Advocate with Mr. PBA Srinivasan, Ms. P.S. Chandralekha & Mr. Parth Tandon, Advocates, for the Respondent.

JUDGMENT

1. The present petition has been filed under Section 36 of the Arbitration and Conciliation Act, 1996 by the decree holder- Delhi Airport Metro Express Private Limited (henceforth referred to as the Delhi Airport Metro') seeking execution/enforcement of the arbitral award dated 11.05.2017.

2. Pertinently, the challenge to the arbitral award dated 11.05.2017 by the judgment debtor under the provisions of Section 34 of the Act stood dismissed vide judgment dated 06.03.2018 [OMP (COMM.) No. 307 of 2017], against which judgment debtor preferred an appeal [FAO (OS) (COMM) No. 58 of 2018], which was partly allowed by the Division Bench of this Court vide judgment dated 15.01.2019 and the impugned award was set aside. Against judgment dated 15.01.2019 passed by the Division Bench of this Court, decree holder preferred a Special Leave Petition before the Hon'ble Supreme Court [Civil Appeal No. 5627 of 2021 in SLP(Civil) No. 4115 of 2019, (2022) 1 SCC 131)], which was allowed by judgment dated 09.09.2021 by the Hon'ble Supreme Court. The review petition [EA (OS) No. 1282 of 2021]

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